Judgment in Page 1 of 15 S.C.No. 55/2025
Dated: 30-04-2026
TSKM010004292025
IN THE COURT OF SENIOR CIVIL JUDGE – CUM - ASSISTANT
SESSIONS JUDGE AT KAMAREDDY
PRESENT: - Smt.Dr. Sura Sumalatha,
Senior Civil Judge – Cum - Asst Sessions Judge,
Kamareddy.
Dated this Thursday, on the 30 th day of April, 2026
S.C. No. 55 of 2025
(PRC. No. 16 of 2025 in Crime No. 109 of 2024 of P.S. Sadashivnagar)
1. Name of the Prosecution:The State represented by Sub Inspector of Police, P.S. Sadashivnagar.
2. Name of the Accused:Jogini Pedda Rajaiah, S/o. Malliah, Aged: 56 years, Caste: Kurma, Occ: Shepherd, R/o. H.No.1-93, Markal village of Sadashivnagar, mandal
3. Charges:For the offence punishable U/Sec. 306 of the Indian Penal Code.
4. Plea of the Accused:Not guilty
5. Finding of the Judge:Found not guilty
6. Sentence or order :The Accused is found not guilty for the offences punishable under Section 306 of the Indian Penal Code. Accordingly, the Accused is acquitted, under Section 235(1) of Criminal Procedure Code. The bail bonds of the Accused shall stands canceled after expiry of appeal time.
7. Prosecution conducted by:Sri K. Sheshu, Learned Additional Public Prosecutor (Incharge)
8. Accused defended by:Sri. P. Srinivas Rao, Learned Advocate for the Accused.
SCJ- Cum-ASJ, Kmr
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Dated: 30-04-2026
This case is coming before this Court on 24-04-2026 for final hearing and disposal in the presence of Sri. K. Sheshu, Learned Addl. Public Prosecutor(In charge) for the State and Sri. P. Srinivas Rao, Learned Advocate for the Accused, and upon hearing the arguments, upon considering the material available on record and the matter having stood over for consideration, till this day, the Court delivers the following:-
:: J U D G M E N T ::
1.This is a case of “Abetment of suicide’, for which the Sub Inspector of Police, P.S. Sadashivnagar, has filed charge sheet against the Accused for the offence punishable under section 306 of the Indian Penal Code(in short I.P.C).
2. The brief averments of the prosecution case are as follows:- 2.1.That on 23-04-2024 at 07-30 hours the defacto complainant/PW-1 came to police station, Sadashivnagar, and lodged a telugu scribed petition, in which stated that they had agriculture land admeasured 2.30 acres, in survey no. 339, situated in outskirts of Markal village, they were well possession in that land and raising various crops, adjacent land owners Accused No.1 and his brother Jogini Chinna Rajaiah together hatched a plan and had mutated 77 guntas of land from their Ac. 2-30 of land on favour of them, several times panchayath has been conducted
before their caste elders regarding 77 guntas of land, but Accused No.1
told that he would not give return to their land. On 20-04-2024 at about 8-30 p.m, when his brother Palle Nagaraju/PW-2 was walking towards
Palle Sayavva’s house to bring to his mother Palle Mallavva who was at
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Palle Sayavva’s home, on that way Accused, Jogini Sayavva and Jogini
Balamani were sleeping, when Nagaraju reached to near their legs they all and Jogini Suman started abusing to Nagaraju in filthy language, mean while Palle Mallavva asked them as why they are abusing to her, upon that they also abused her indiscriminately like “Chavu Lanja” if she would have died it will be happy to them and said she has to die and thrown her on the ground, at that time Palle Nadipi Bhumaiah, Kottala
Beeraiah, Gouda Srikanth, Palle Gangamani were witnessed to the incident, due to which his mother Palle Mallavva vexed over her life and consumed grass poison at about 1-30 hours, immediately, they took his mother to Government hospital, Kamareddy, in 108 ambulance around 1-00 hours, on the doctor refer her mother was shifted to private hospital, Yellareddypeta. While his mother was admitting in hospital, hospital staff had asked her that what was happened, while Mallavva was saying that I.e,. NADHI MARKAL VILLAGE NAKU MARKAL LO PANTA B
HUMI VUNNADI, AA BHUMI NADHI, MA CHENU PRAKKANA GALA JOGINI
PEDDARAJAIAHAKRAMAMGAPATTACHESUKUNNADU
HADDULUPATHUKUNDHAM PEDDA MANUSHULA MADHYA MATLADUADAM
AMTE NENU MATLADANUANTUNDU, NA BHUMI NAKU CHEYYAMANTE
CHESTA LEDU PRATHISARI NATHO NA KODUKULA THO LOLLI
PETTUKUNTUNNADU NA BHUMI ANI KOT LADUTUNNADUN NA BHUMI
GURINCHE NENU MANDU TGINA ANI CHEPPINDHI, complainant recorded
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her videography in his mobile phone. Finally his mother was admitted to
Government hospital, Nizamabad on 21-04-2024 at 4-00 p.m, where while undergoing treatment his mother was died at 6-00 hours, on 23- 04-2024 hours, further they added that due to abets and motivate of
Accused No.1, Jogini Sayavva, Jogini Suman and Jogini Balamni words his mother vexed over her life and took extreme step by consumed grass poison. Hence, PW-1 set the criminal law into motion.
3.Basing on the report given by Lw-26/Kajal(MS)/ASP, IPS, SHO, SS
Nagar police station, has registered the case vide crime No. 109/2024 for the offence u/sec. 306 of the IPC against the Accused. During the course of investigation, examined and recorded the statement of PW-1.
Then, Lw-28 has visited to scene of offence situated at PW-1’s house
Markal village along with PW-1 and observed the scene of offence minutely, no incriminating material has been found for seize at crime scene, secured the scene panchas i.e., LW-20/Balle Beeraiah and LW- 21/Kotholla Yadagiri, in their presence drawn rough sketch and conducted scene of ofence panchanama in crime details form. Later, LW- 28 deputed LW-27/T. Gangasagar/ASI of police, Sadashivanagar, subjected to conduct inquest, Lw-27 immediately rushed to mortuary room of Government District Hospital, Nizamabad, where observed the dead body of the deceased and secured the inquest panchas i.e., LW- 22/Markanti Buchaiah and LW-23/Gangireddy Bhagyamma in their
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presence conducted inquest over the deceased corpse from 10-30 to 12- 00 hours on 23-04-2024. LW-27 examined and recorded the statements of LW-2/Palle Rajaiah, PW-2 and PW-3, Lw-2/Sri Palle Rajaiah,
Lw-4/Markanti Bhoomaiah, Lw-6. On receipt of postmortem examination requisition letter filed by LW-27, the duty doctor held autopsy over the deceased corpse and preserved the viscera for FSL report. After postmortem examination deceased corpse was handed over to his kith and kin for funerals by taking acknowledgment on a receipt. Later, the
LW-27 came to police station and submitted the inquest acknowledgment
PME requisition and dead body handed over acknowledgment. Later, LW- 28 rushed to Markal village where he examined the Pws 4 and 5 and LW- 8/Gouda Srikanth and recorded their statements. On 24-04-2024 at 8-45 hours LW-28 rushed to the house of the Accused at Markal village and apprehended the Accused. On interrogation, the accused No.1 has voluntarily confessed to have committed this offence and brough him to police station at 10-00 hours and issued arrest memo against him and informed the grounds of his arrest to him and his relatives complied
U/sec. 50 Cr.P.C and completed all the mandatory provisions and being produced in the Court for judicial custody and lodged in District Jail at
Nizamabad. On 02-08-2024, PW-6 assumed CD file from LW-28 vide
D.O. No. A1/168/DPO-Kamareddy 2024, Dated: 02-08-2024 and found the investigation in correct lines. Later, PW-6 proceeded to the Markal
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village of Sadashivnagar mandal and examined the other witness and examined and recorded his detailed statements of witnesses LW-10/M.
Beeraiah, LW-11/K. Pedda Beeraiah, LW-12/K. Nadipi Mallaiah, LW-13/P.
Beeraiah, LW-14/B. Bakkaiah, LW-15/D. Lingaiah, LW-16/D. Ramulu,
LW-17/B. Yadagoud, Lw-18/B. Rajaiah and LW-19/B. Siddaiah. As per the statement of witness the alleged Accused persons Nos 2 to 4 i.e.,
Jogini Sayavva, Jogini Suman and Jogini Balamani all R/o. Markal village of Sadashivnagar mandal were not involved in this case and their role is clearly not established in this case. As per the statements of above witnesses, the involvement of the Accused Nos 2 to 4 is not proved, hence, PW-6 prepare a letter for deletion of alleged accused persons
No.2 to 4 and sent to SDPO, Yellareddy and otbained deletion permission for not mentioning the alleged Accused Nos 2 to 4 all R/o. Markal village of Sadashivnagar mandal obtained deletion permission from SDPO,
Yellareddy vide No.27/CD-File/Del/SDPO-Yellareddy/2024, Dated on 21- 11-2024. After completion of investigation, PW-6, has filed charge sheet against the Accused for the offence under section 306 of the Indian Penal
Code.
4.The learned Addl. Judicial Magistrate of First Class–cum–Junior
civil Judge (Spl.Mobile) court, Kamareddy, has taken cognizance for the
offence punishable under section 306 of the Indian Penal Code against the Accused and registered the case as PRC No. 16 of 2025 and
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committed the same to the Hon’ble Court of Sessions, Kamareddy. The
Hon’ble Prl. District & Sessions Judge, Kamareddy, has registered the
case as Sessions Case on file for the offence punishable u/sec. 306 of the
IPC against the Accused and made over the same to this Court for disposal according to law.
5.On appearance of the Accused before this Court, based on the material available on record, as well as the allegations leveled in the charge sheet, this Court has framed the charge against the Accused, for the offence punishable u/sec. 306 of the I.P.Cand explained to him, for which he pleaded not guilty and claimed to be tried.
6.During the trial, in order to prove the case of prosecution, it has examined PWs.1 to 6 out of 29 cited witnesses and got marked Exs.P1 to
P14. The prosecution/Lr. Addl. P.P. has given up the evidence of witnesses namely Lw-4/Markanti Bhoomaiah, LW-6/Gangaputra,
Lw-8/Gouda Srikanth, LW-10/M. Beeraiah, LW-11/K. Pedda Beeraiah,
LW-12/K. Nadipi Mallaiah, LW-13/P. Beeraiah, LW-14/B. Bakkaiah, LW- 15/D. Lingaiah, LW-16/D. Ramulu, LW-17/B. Yadagoud, Lw-18/B.
Rajaiah and LW-19/B. Siddaiah, LW-20/Balle Beeraiah, LW-21/Kotholla
Yadagiri, LW-22/Markanti Buchaiah, LW-23/Gangireddy Bhagyamma,
LW-24/Gouda Shivaramulu, LW-25/Dr. Sudha/Professor, Government medical college, Nizamabad, LW-26/Kajal(MS), ASP IPS, LW-27/T.
Gangasagar,ASI of police, P.S. Sadashivnagar, LW-28/N. Raju/S.I.P, of
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P.S. Sadashivnagar. The evidence of LW-2/Palle Rajaiah is closed as died on the copy of D.C filed by the prosecution.
7.After closure of prosecution evidence, the Accused was examined
U/sec 313 Criminal Procedure Code (in short Cr.P.C) by explaining the incriminating material appearing against him in the evidence of prosecution witness, for which he denied the same and reported no defence evidence on his behalf. Hence, defence evidence is closed.
8.Heard oral arguments of both side counsels and perused the material available on record.
9.Now the point for determination is :
1. “Whether the prosecution has proved the guilt of the Accused for the offence punishable u/sec. 306 of the IPC beyond all reasonable doubt ?”
2. “To What Result?”
On appreciation of oral and documentary evidence available on
record :
10.The present case on hand is registered as Session’s case for the offence punishable under section 306 Indian Penal Code (IPC) against the Accused. The case of the prosecution is that PW-1s family had agriculture land admeasured 2.30 acres, in survey No. 339, situated in outskirts of Markal village, Accused No.1 is adjacent land owner of PW- 1’s land. Accused No.1 had mutated 77 guntas of land from Ac.2-30 acres of land on his favour, several times panchayath has been
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conducted before their caste elders about 77 guntas, but the Accused
No.1 said that he would not give return to their land. On 20-04-2024 at about 8-30 p.m, when the Accused No.3 was walking towards Palle
Sayavva’s house to call deceased to home who was at Palle Sayyavva’s home, on that way Accused No.1 was slapping, when Pw-2 reached to
Accused have started abusing to PW-2 filthy language, meantime deceased asked to Accused persons as why they are abusing PW-3, the
Accused started abused her indiscriminately like “Chavu Lanja”, if deceased would have died it will be happy to them and said she has to die at any costs, at that time PW-3 and PW-4 were eye witnessed to the incident, due to which deceased vexed over her life and consumed grass poison at about 1-30 p.m,. immediately, deceased was rushed to
Government hospital, Kamareddy in 108 ambulance around 1-00 hours, on the doctor refer deceased was shifted to Private Hospital,
Yellareddypeta. While deceased admitted in hospital staff have asked her that what was happened, while deceased was saying, PW-2 taken videography by mobile phone, in that video deceased said “NADHI
MARKAL VILLAGE, NAKU MARKAL LO PANTA BHUMI VUNNADI, AA BHUMI
NADHI, MA CHENU PRAKKANA GALA JOGINI PEDDA RAJAIAH AKR
AMAMGA PATTA CHESUKUNNADU HADDULUPATHUKUNDHAM PEDDA
MANUSHULAMADHYAMATLADUADAMAMTENENU
MATLADANUANTUNDU, NA BHUMI NAKU CHEYYAMANTE CHESTA LEDU
SCJ- Cum-ASJ, Kmr
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PRATHISARI NATHO NA KODUKULA THO LOLLI PETTUKUNTUNNADU NA
BHUMI ANI KOTLADUTUNNADUN NA BHUMI GURINCHE NENU MANDHU
TGINA ANI CHEPPINDHI” Finally deceased was admitted at Government hospital, Nizamabad, where while undergoing treatment she was died at 6-00 hours on 23-04-2024.
11.The prosecution to prove its case has examined PWs 1 to 6 witnesses and got marked Ex.P1 to Ex.P14 documents. PW-1 is the
Defacto-complainant and son of the deceased, PW-2 is witness and deceased’s younger son, PWs-3 to 5 are the eye witnesses and PW-6 is the Investigation officer.
12.From the entire prosecution witnesses, it is evident from the testimony of PW-1 and PW-2, they categorically deposed that “about two years back, his mother/deceased by name Palle Mallavva has consumed unknown pesticide in their house as she was suffering with health issues, due to which she was shifted to government hospital, Kamareddy, and from there his mother/deceased was shifted Nizamabad government hospital and she died after three days of consuming poison while undergoing treatment at Nizamabad government hospital. There police came and obtained PW-1 signature on white paper. They do not know the contents of the same, they did not give any complaint against the
Accused, PW-1 identified his signature on the report, signature is marked under Ex.P-1. The Learned Additional P.P declared the witnesses as
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hostile and during their cross examination by the Learned APP nothing was elicited in favour of prosecution against the Accused, except marking report and their 161 Cr.P.C statement under Ex.P-1 to Ex.P-3.
13.PWs3 to 5 who are eye witnesses, they categorically deposed that they do not know anything about the case, they did not witness any incident happened, they do not know who is responsible for the death of the deceased, police did not examine them and not recorded their statements. The Learned Additional P.P declared the witnesses as hostile and during their cross examination by the Learned APP nothing was elicited in favour of prosecution against the Accused, except marking their 161 Cr.P.C statement under Ex.P-4 to Ex.P-6.
14.PW-06 who is the Investigation officer in the present case has deposed that on 23-04-2024 at about 7-30 hours LW-26/Kajal(MS) IPS, received written report from PW-1 under Ex.P-7, basing on the report she registered the case as in crime No. 109/2024 U/sec. 306 IPC and issued F.I.R under Ex.P-8, thereafter, LW-26 hand over the CD file to
LW-28, who in turn recorded the statement of PW-1 at police station, on the same day, LW-28/N. Raju/S.IP of P.S. Sadashivnagar, visited the scene of offence situated at the house of the PW-1 and secured the presence of LW-20/Balle Beeraiah and LW-21/Kotholla Yadagiri and in their presence recorded the scene of offence panchanama/C.D.F under
Ex.P-9. And LW-28 deputed LW-27/T. Gangasagar/ASI of police, P.S
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Sadashivnagar, to conduct inquest, accordingly, LW-27 went to the Dist.
Government hospital, Nizamabad, and there secured the presence of
LW-22/MarkantiBuchaiah,LW-23/GangireddyBhagyamma,
LW-24/Gouda Shivaramulu and in their presence conducted inquest panchanama over the dead body of the deceased/Palle Mallevva under
Ex.P-10 and he also recorded the statements of Pws 2 and 3, LW-2/Palle
Rajaiah, LW-4/Markanti Bhoomaiah and LW-6 after that LW-27/T.
Gangasagar/ASI of police made requisition to LW-25 under Ex.P-11 to conduct P.M.E over the deceased body, and LW-25 issued P.M.E report under Ex.P-12 by preserving body parts of the deceased. Thereafter,
LW-27 hand over the deceased body to her family members for funerals only. Thereafter, LW-28 took the C.D file and went to the Markal village and there he recorded the statements of Pws 4, 5 and LW-8/Gouda
Srikanth, during the course of investigation, on 24-04-2024 LW-28 received credible information that the Accused was present at his house in Markal village, then LW-28 rushed along with his staff and apprehend the accused, on interrogation, the accused voluntarily confessed the guilt, then LW-28 send the Viscera of the deceased to FSL for analysis and report. Thereafter, on 02-08-2024 PW-6 received the C.D file in this case and verified the investigation done by the earlier I.O and found to be in correct lines. On 05-08-2024 he went to Markal village and there he secured the presence of witnesses i.e., LW-10/Malala Beeraiah, LW-
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11/Kaapu Pedda Beeraiah, LW-12/Kottolla Nadipi Mallaiah,
LW-13/Pogaaku Beeraiah, Lw-14/Bulle Bakkaiah, Lw-15/Dharnin
Lingaiah, LW-16/Donthula Ramulu, LW-17/Bombothula Yadagoud, LW- 18/Bandari Rajaiah, LW-19/Bulle Siddaiah and recorded their statements, from the statements of witnesses it was not established any role against other Accused Nos 2 to 4, as such, he had applied letter to
S.D.P.O, Yellareddy, for deletion of the names of the other Accused i.e.,
Accused Nos 2 to 4 and he obtained deletion permission on 21-11-2024 from S.D.P.O, Yellareddy, thereafter, he had received FSL report of the deceased under Ex.P-13 and basing on the same, LW-25/Dr. Sudha,
Professor on 31-08-2024 has issued final P.M.E report under Ex.P-14.
After completion of investigation, he filed charge sheet against the
Accused, PWs 1 to 5 stated before them as in Ex.P-1 to Ex.P-6.
15.Hence, from the entire prosecution witnesses it was elicited that the main witnesses i.e,. PW-1 and 2 who are the defacto complainant and sons of the deceased and PWs-3 to 5 who are eye witnesses have totally turned hostile, except the evidence of Investigation officer/PW-6 none of the prosecution witnesses have supported the case of the prosecution due to which the prosecution has failed to established their case. And the Learned Addl. P.P has given up the evidence of all the remaining witnesses due to hostile of PWs 1 to 5. As such, except the evidence of PW-6 there is no material on record against the Accused and
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also hostile of PWs 1 to 5 are fatal to the prosecution, due to which the prosecution has failed to prove the case against the accused beyond all reasonable doubt. Hence, Accused is entitled for acquittal. Accordingly, point No. 1 is answered.
Point No. 2:
16. In the result, The Accused is found not guilty for the offence punishable under Section 306 of the Indian Penal Code. Accordingly, the
Accused is acquitted, under Section 235(1) of Criminal Procedure Code.
The bail bonds of the Accused shall stands canceled after expiry of appeal time.
Typed by St enographer on my dictation, corrected and pronounced by me in the open Court on this the 30 th day of April, 2026.
Asst. Sessions Judge- cum-
Senior Civil Judge,
Kamareddy
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
F or Prosecution : PW.1 : Sri. Palle Raju, PW-2 : Sri. Palle Nagaraju, PW-3 : Sri Palle Nadipi Bhoomaiah, PW-4 : Sri Kothola Bheeraiah, PW-5 : Smt. Palle Gangamani, PW-6 : Sri. B. Ranjith/Investigation officer/S.I of police/P.S. Sadashivanagar, F or Defence: - None -
OCUMENTS MARKED D
F or Prosecution :
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Ex.P1 Signature of PW-1 on report. Ex.P2Section 161 Cr.p.C statement of PW-1. Ex.P3 Section 161 Cr.p.C statement of PW-2. Ex.P4 Section 161 Cr.p.C statement of PW-3. Ex.P5Section 161 Cr.p.C statement of PW-4. Ex.P6Section 161 Cr.p.C statement of PW-5. Ex.P7Written report. Ex.P8First information report. Ex.P9Scene of offence panchana/C.D.F. Ex.P10Inquest panchanama of the deceased Palle Mallavva. Ex.P11Post Mortem examination report. Ex.P12Post Mortem examination report. Ex.P13FSL report. Ex.P14Final P.M.E report. For Defence : - NIL - Material Object : -NIL-
Asst. Sessions Judge - Cum-
Senior Civil Judge,
Kamareddy
SCJ- Cum-ASJ, Kmr